Abstract
Review. The article analyses contemporary theories of punishment in criminal law of Russia and Canada. The criminal law doctrine of Russia distinguishes the following theories of punishment: a) absolute theory; b) relative theory; c) mixed theory; The criminal law doctrine of Canada distinguishes: a) retributive theory; b) utilitarian theory; c) theory of restorative justice. By means of comparative analysis the article reveals similarities and differences of punishment theories in Canada and Russia. The author analyses the Canadian theory of restorative justice that has been implemented in the theory and law-enforcement practice in the RF. Subject to the provisions of the criminal law doctrine statutory objectives in the Russian Federation can be classified as: retributive, i.e. restoring social justice; utilitarian, i.e. rehabilitating the convicts and preventing new crimes. Analyzing the Canadian legislation the author points out at the fact that the retributive objective means condemnation of illegal actions and causing harm to a victim of a crime or to the society as a result of committing a crime; the utilitarian objective means deterring a criminal and other persons from committing crimes; providing convicts with assistance; isolating criminals from the society, if necessary; the restorative objective involves enforcing recovery of damage caused to victims or the society; fostering in criminals the sense of responsibility and awareness of damage caused to victims and society. Having analyzed the provisions of the Criminal Code of Russia and of the Criminal Code of Canada, the author draws the conclusion with regard to the unity and interaction of purposes of punishment in Russia and the existence of both general and additional purposes of punishment in the criminal legislation of Canada. The author determines that the list of additional purposes of punishment in Canada allows the court in Canada to differentiate and individualize criminal punishment.
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